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HomeMy WebLinkAboutMiscellaneous - 1530 Forest Street 1530 FOREST STREET ,t Extension - 210/105.A-0025-0000.0 J , North Andover Board of Assessors Public Access Page 1 of 1 NORT„ Morth Andover Board of Assessors o• ,�.o*a,do h 00- �Zl9 00 roperty Record Card Click Seal To Return Parcel ID:210/105.A-0025-0000.0 FY:2011 Community:North Andover SKETCH PHOTO li Click on Sketch to Enlarge Click on Photo to Enlarge Search for Parcels Search for Sales Summary Residence Detached Structure Condo 1530 FOREST STREET EXT. Commercial Location: 1530 FOREST STREET EXT. Owner Name: BIGGIO,JOHN J EILEEN M BIGGIO Owner Address: 65 STONECLEAVE ROAD City: BOXFORD State: MA Zip: 01921 Neighborhood:6-6 Land Area: 3.25 acres Use Code: 101-SNGL-FAM-RES Total Finished Area: 2958 sqft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 471,100 487,800 Building Value: 247,100 263,800 Land Value: 224,000 224,000 Market and Value: 224,000 Chapter Land Value: LATEST SALE Sale Price: 102,000 Sale Date: 12/29/1985 Arms Length Sale Code: Y-YES-VALID Grantor: WILLIAM BINGHAM Cert Doc: Book: 02105 Page: 0191 http://csc-ma.us/PROPAPP/display.do?linkId=1707447&town=NandoverPubAcc 5/10/2011 �_-- - 6822 Cf Nf.RT.,y .1 Town of North Andover HEALTH DEPARTMENT ,SSAC MU`>E4 CHECK#: DATE: I n 1,,�. NU15 1-11-Q1 U-1-Ak H/O NAME: J CONTRACTOR NAI Type of Permit or License: (Check box) ❑ Animal $ ❑ Body Art Establishment $ ❑ Body Art Practitioner $ ❑ Dumpster $ ❑ Food Service-Type. $ i ❑ Funeral Directors $ ❑ Massage Establishment $ ❑ Massage Practice $ ❑ Offal(Septic)Hauler $ ❑ Recreational Camp $ ❑ Sun tanning $ ❑ Swimming Pool $ ❑ Tobacco $ ❑ Trash/Solid Waste Hauler $ ❑ Well Construction $ SEPTIC Systems: ❑ Septic-Soil Testing $ ❑ Septic-Design Approval $ ❑ Septic Disposal Works Construction(DWC) $ Septic Disposal Works Installers(DWI) $ ❑ Title 5 Inspector $ Title 5 Report $� ❑ Other:(Indicate) $ i Y2 Health Agent Initials White-Applicant Yellow-Health Pink-Treasurer Dean G. Luscomb II & Sons P.O. Box 135 Middleton, MA 01949 978-774-4065 RECEIVED JUN 2 3 2094 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT June 13, 2014 North Andover Board of Health North Andover, MA 01845 Please replace this page 1 with the report we sent in this last week for John Biggio of 1530 Forest St. Ext. North Andover, MA. Unfortunately the Conditionally Passed was checked from the previous Title V report and I neglected to uncheck it. Thank you, Sarah Luscomb Dean G. Luscomb H&Sons 978-774-4065 <L"-,," Commonwealth of Massachusetts W Title 5 Official Inspection Form j Subsurface Sewage Disposal System Form - Not for Voluntary Assessments i ,M 1530 Forest St. Ext Property Address John & Eileen Biggio Owner Owner's Name information is North Andover MA June 2, 2014 required for every page. City/Town State Zip Code Date of Inspection Inspection results must be submitted on this form. Inspection forms may not be altered in any way. Please see completeness checklist at the end of the form. Important: When filling out A. General Information forms on the computer,use 1. Inspector: JUN 2 3'20 4 only the tab key to move our GLII TOWN p y Dean G. uscomb F NORTH D cursor-do not Name of Inspector I H DEPARTMENT " use the return key. Dean G. Luscomb II &Sons Company Name r� P.O. Box 135 Company Address Middleton MA 01949 Cityrrown State Zip Code 978-7744065 S1848 Telephone Number License Number B. Certification I certify that I have personally inspected the sewage disposal system at this address and that the information reported below is true, accurate and complete as of the time of the inspection. The inspection was performed based on my training and experience in the proper function and maintenance of on site sewage disposal systems. I am a DEP approved system inspector pursuant to Section 15.340 of Title 5(310 CMR 15.000).The system: ® Passes ❑ Conditionally Passes ❑ Fails ❑ Needs Further Evaluation by the Local Approving Authority June 2, 2014 Inspector's Signature Date I The system inspector shall submit a copy of this inspection report to the Approving Authority(Board of Health or DEP)within 30 days of completing this inspection. If the system is a shared system or j has a design flow of 10,000 gpd or greater, the inspector and the system owner shall submit the report to the appropriate regional office of the DEP. The original should be sent to the system owner and copies sent to the buyer, if applicable, and the approving authority. I ****This report only describes conditions at the time of inspection and under the conditions of use at that time.This inspection does not address how the system will perform in the future under the same or different conditions of use. t5ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 1 of 17 i Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 1,y , 1530 Forest St. Ext Property Address John &Eileen Biggio Owner Owner's Name information is North Andover MA June 2, 2014 required for State Zip Code Date of Inspection every page. Cityrrown B. Certification (cont.) Inspection Summary: Checl(26,C,D or E/always complete all of Section D A) System Passes: ® 1 have not found any information which indicates that any of the failure criteria described in 310 CMR 15.303 or in 310 CMR 15.304 exist. Any failure criteria not evaluated are / indicated below. Comments: B) System Conditionally Passes: ❑ one or more system components as described in the"Conditional Pass" section need to be Y replaced or repaired. The s stem, upon completion of the replacement or repair, as approved by the Board of Health, will pass. Check the box for"yes", "no"or"not.determined" (Y, N, ND)for the following statements. If"not determined," please explain. The septic tank is metal and over 20 years old*or the septic tank(whether metal or not) is structurally unsound, exhibits substantial infiltration or exfiltration or tank failure is imminent. System will pass inspection if the existing tank is replaced with a complying septic tank as approved by the Board of Health. *A metal septic tank will pass inspection if it is structurally sound, not leaking and if a Certificate of Compliance indicating that the tank is'less than 20 years old is available. ❑ Y ❑ N ❑ NO(Explain below): t5ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 2 of 17 i Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form Not for Voluntary Assessments 1530 Forest St. Ext Property Address John & Eileen Biggio Owner Owner's Name information is North Andover MA June 2, 2014 required for State Zip Code Date of Inspection every page. City/Town B. Certification (cont.) ❑ Pump Chamber pumps/alarms not operational. System will pass with Board of Health approval if pumps/alarms are repaired. B) System Conditionally Passes(cont.): /, ❑ Observation of sewage backup or break out or high static water level in the distribution box due lJ to broken or obstructed pipe(s)or due to a broken, settled or uneven distribution box. System will .�j p P ass inspection if(with approval of Board of Health): ❑ broken pipe(s)are replaced ❑ Y ❑ N ❑ ND(Explain below): ND (Explain below): ❑ obstruction is removed E] Y ❑ N ❑ distribution box is leveled or replaced E] Y ❑ N ❑ ND (Explain below): ❑ The system required pumping more than 4 times a year due to broken or obstructed pipe(s). The '1 system will pass inspection if(with approval of the Board of Health): V ❑ broken pipe(s)are replaced ❑ Y ❑ N ❑ ND(Explain below): ❑ obstruction is removed ' ❑ Y ❑ N ❑ ND(Explain below): C) Further Evaluation is Required by the Board of Health: ❑ Conditions exist which require further evaluation by the Board of Health in order to determine if the system is failing to protect public health, safety or the environment. 1. System will pass unless Board of Health determines in accordance with 310 CMR 15.303(1)(b)that the system is not functioning in a manner which will protect public health, safety and the environment: ❑ Cesspool or privy is within 50 feet of a surface water ❑ Cesspool or privy is within 50 feet of a bordering vegetated wetland or a salt marsh Page 3 of 17 t5ins•3113 Title 5 Official Inspection Forth:Subsurface Sewage Disposal System• Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form Not for Voluntary Assessments �M 1530 Forest St. Ext Property Address John & Eileen Biggio Owner Owner's Name information is North Andover MA June 2, 2014 required for State Zip Code Date of Inspection every page. City/Town B. Certification (cont.) 2. System will fail unless the Board of Health(and Public Water Supplier,if any) determines that the system is functioning in a manner that protects the public health, safety and environment: a ❑ The system has a septic tank and soil absorption system (SAS)and the SAS is within 100 feet of a surface water supply or tributary to a surface water supply. ❑ The system has a septic tank and SAS and the SAS is within a Zone 1 of a public water supply. water ❑ The system has a septic tank and SAS and the SAS is within 50 feet of a private supply well. ❑ The system has a septic tank and SAS and the SAS is less than 100 feet but 50 feet or more from a private water supply well**. Method used to determine distance: **This system passes if the well water analysis, performed at a DEP certified laboratory, for fecal coliform bacteria indicates absent and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm, provided that no other failure criteria are triggered. A copy of the analysis must be attached to this form. 3. Other: D) System Failure Criteria Applicable to All Systems: You must indicate"Yes"or"No"'to each of the following for all inspections: Yes No El ® Backup of sewage into facility or system component due to overloaded or clogged SAS or cesspool El ® Discharge or ponding of effluent to the surface of the ground or surface waters due to an overloaded or clogged SAS or cesspool El ® Static liquid level in the distribution box above outlet invert due to an overloaded or clogged SAS or cesspool ❑ ® Liquid depth in cesspool is less than 6" below invert or available volume is less than %day flow t5ins-3113 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 4 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments wM , 1530 Forest St. Ext Property Address John &Eileen Biggio Owner Owner's Name information is North Andover MA June 2, 2014 required for State Zip Code Date of Inspection every page. City/Town B. Certification (cont.) Yes No ❑ ® Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s). Number of times pumped: ❑ ® Any portion of the SAS, cesspool or privy is below high ground water elevation. El ® Any portion of cesspool or privy is within 100 feet of a surface water supply or tributary to a surface water supply. ❑ ® Any portion of a cesspool or privy is within a Zone 1 of a public well. ❑ ® Any portion of a cesspool or privy is within 50 feet of a private water supply well. ❑ ® Any portion of a cesspool or privy is less than 100 feet but greater than 50 feet from a private water supply well with no acceptable water quality analysis. [This system passes if the well water analysis, performed at a DEP certified laboratory,for fecal coliform bacteria indicates absent and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm, provided that no other failure criteria are triggered.A copy of the analysis and chain of custody must be attached to this form.] ❑ ® The system is'a cesspool serving a facility with a design flow of 2000gpd- 10,000gpd. E] ® The system fails. I have determined that one or more of the above failure criteria exist as described in 310 CMR 15.303, therefore the system fails. The system owner should contact the Board of Health to determine what will be necessary to correct the failure. E) arge Systems: To be considered a large system the system must serve a facility with a des' flow of 10,000 gpd to 15,000 gpd. For large syste ou must indicate either"yes'or"no"to each of t Ilowing, in addition to the questions in Section Yes No ❑ ❑ the system is'w n 40 et of a surface drinking water supply ❑ ❑ the system is� in 200 t of a tributary to a surface drinking water supply E] El Are syst is'located in a nitro sensitive area(Interim Wellhead Protection Are WPA)or a mapped Zone I a public water supply well If you have answere es'to any question in Section E the sys is considered a significant threat, or answered"yes" ' Section D above the large system has failed. owner or operator of any large system consid ed a significant threat under Section E or failed under ion D shall upgrade the system in accordance with 310 CMR 15.304. The system owner should con t the appropriate regional office of the Department. t5ins-3113 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 5 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form Not for Voluntary Assessments 1530 Forest St. Ext Property Address John & Eileen Biggio Owner Owner's Name information is North Andover MA June 2, 2014 required for State Zip Code Date of Inspection every page. Cityrrown C. Checklist Check if the following have been done. You must indicate"yes" u or non as to each of the following: Yes No ® ❑ Pumping information was provided by the owner, occupant, or Board of Health ❑ ® Were any of the system components pumped out in the previous two weeks? ® ❑ Has the system received normal flows in the previous two week period? Have large volumes of water been introduced to the system recently or as part of ❑ ® this inspection? ® El available as built plans of the system obtained and examined? (If they were not available note as N/A) ® ❑ Was the facility for dwelling inspected for signs of sewage back up? ® ❑ Was the site inspected for signs of break out? ® ❑ Were all system components, excluding the SAS, located on site? ® ❑ Were the septic tank manholes uncovered, opened, and the interior of the tank inspected for the condition of the baffles or tees, material of construction, dimensions, depth of liquid, depth of sludge and depth of scum? Was the® facility',owner(and occupants if different from owner) provided with Elewa a disposal systems? information on the proper maintenance of subsurfaces g p The size and location of the Soil Absorption System(SAS) on the site has been determined based on: ® ❑ Existing information. For example, a plan at the Board of Health. ® El approximation in the field (if any of the failure criteria related to Part C is at issue approximation of distance is unacceptable)[310 CMR 15.302(5)] D. System Information Residential Flow Conditions: Number of bedrooms(design): 4 Number of bedrooms(actual): 4 DESIGN flow based on 310 CMR 1'5.203 (for example: 110 gpd x#of bedrooms): 440 gpd t5ins•3/13 Title 5 official Inspection Form:Subsurface Sewage Disposal System•Page 6 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments w 1530 Forest St. Ext Property Address John & Eileen Biggio Owner Owner's Name information is North Andover MA June 2, 2014 required for State Zip Code Date of Inspection every page. City/Town D. System Information Description: owner and town 2 Number of current residents: Does residence have a garbage grinder? ❑ Yes ® No Is laundry on a separate sewage system? (Include laundry system inspection ❑ Yes ® No information in this report.) Laundry system inspected? ❑ Yes ® No Seasonal use. ❑ Yes ® No Water meter readings, if available(last 2 years usage(gpd)): Detail: Tc;vak2, U)eA Loca" Sump pump? ❑ Yes ® No current Last date of occupancy: Date mmercial/Industrial Flow Conditions: Type of Esta ' ent: Design flow(based on 310 15.203 : �gN Gallons per d 4,016 Basis - Basis of design flow(seats/persons'/sq.ft., Grease trap present? � � ❑ Yes El No ~~ Industrial waste holding tan�pres t. ❑ Yes [I No Non-sanitary w4s discharged to the Title 5 system? Yes E] No Water meter readings, if available: i t5ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System Page 7 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form o Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 1530 Forest St. Ext Property Address John &Eileen Biggio Owner . Owner's Name information isNorth Andover MA June 2, 2014 required for State Zip Code Date of Inspection every page. City(rown D. System Information (cont.) Last date o'Fecugancy/use: Date III Other(describe below): ,`- I General Information Pumping Records: Last pumped 2011 -owner Source of information: Was system pumped as part of the inspection? ❑ Yes ® No i If yes, volume pumped: gallons How was quantity pumped determined? No need at this time Reason for pumping: Type of System: ® Septic tank, distribution box, soil absorption system ❑ Single cesspool ❑ Overflow cesspool ❑ Privy ❑ Shared system (yes or no) (if yes, attach previous inspection records, if any) ❑ Innovative/Alternative technology. Attach a copy of the current operation and maintenance contract(to be obtained from system owner)and a copy of latest inspection of the I/A system by system operator under contract ❑ Tight tank.Attach a copy of the DEP approval. ❑ Other(describe): t5ins•3113 Title 5 Official Inspection Forth:Subsurface Sewage Disposal System•Page 8 of 17 Commonwealth of Massachusetts � Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments w„ 1530 Forest St. Ext Property Address John&Eileen Biggio Owner Owner's Name information is North Andover MA June 2, 2014 required for State Zip Code Date of Inspection every.page. Cityrrown D. System Information (cont.) Approximate age of all components, date installed (if known)and source of information: System is from 1986-town records. Were sewage odors detected when arriving at the site? ❑ Yes ® No Building Sewer(locate on site plan): e20" / Depth below grade: feet Material of construction: ® cast iron ❑40 PVC ❑ other(explain): Distance from private water supply well or suction line: feet Comments(on condition of joints, venting, evidence of leakage, etc.): Main line and joints are in very good condition. Septic Tank(locate on site plan): L 8" 7 Depth below grade: feet Material of construction: ®concrete ❑ metal ❑fiberglass ❑ polyethylene ❑ other(explain) Precast rectangular- 1500 gallons i —ffTa--nk is metal, list age: Is age confirmed by a Certificate of Compliance? (attach a copy of certificate) ❑ es -5#x 5'x 10'- 1500 gallons Dimensions: 1" Sludge depth: t5ins-3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 9 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form = o Subsurface Sewage Disposal System Form Not for Voluntary Assessments 1530 Forest St. Ext Property Address John & Eileen Biggio Owner Owner's Name information is North Andover MA June 2, 2014 required for CitylTown State Zip Code Date of Inspection every page. D. System Information (cont.) Septic Tank(cont.) Distance from top of sludge to bottom of outlet tee or baffle 34" 1" / Scum thickness 611 Distance from top of scum to top of outlet tee or baffle V Distance from bottom of scum to bottom of outlet tee or baffle 15" sticks and tape measure How were dimensions determined? Comments(on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity, liquid levels as related to outlet invert, evidence of leakage, etc.): The septic tank and baffles are in very good condition. The liquid in the tank is running at it's correct working heigth The solids in the tank are light and do not require pumping at this time. Grease Trap(locate on site plan): Depth be grade: feet Material of constr on: ❑ concrete ❑ me ❑ fiberglas ❑ polyethylene ❑ other(explain): Dimensions: Scum thickness Dista rom top of scum to top of outlet tee or baffle rDistance from bottom of scum to bottom of outlet tee or baffle Date of last pumping: Date t5ins•3/13 Title 5 Official Inspection Forth:Subsurface Sewage Disposal System•Page 10 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 1530 Forest St. Ext Property Address John&Eileen Biggio Owner Owner's Name information is North Andover MA June 2, 2014 required for State Zip Code Date of Inspection every page. City/Town D. System Information (cont.) Comme on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity, liquid levels as el ted to outlet invert, evidence of leakage, etc.). �------ �, .� ' ht or Holding Tank(tank must be pumped at time of inspection) (locate on site plan): DepXofstruction: Ho Mat❑ metal ❑fiberglass ❑ polyett ylene ❑ other(explain): Dimensions: Capacity: °gallons Design Flow: gallons per day Alarm present: ❑ Yes El No i Alarm level: rm in working order: ❑ Yes ❑ No Date of last pumping: Date Comments(condition alarm and float switches, etc.): r *Attach copy of current pumping contract(required). Is copy attached? ❑ Yes ❑ No t5ins•3113 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 11 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form Not for Voluntary Assessments 1530 Forest St. Ext Property Address John & Eileen Big. io Owner Owner's Name information is North Andover MA June 2, 2014 required for State Zip Code Date of Inspection every page. Cityrrown D. System Information (cont.) Distribution Box(if present must be opened) (locate on site plan): Depth of liquid level above outlet invert Zero Comments(note if box is level and distribution to outlets equal, any evidence of solids carryover, any evidence of leakage into or out of box, etc.): The d-box is 4 below grade. The d-box is 16"x 16". In good general condition with no signs of any problems Liquid in the d box is running at its correct working heigth. P Chamber(locate on site plan): Pumps in workin der: ❑ Yes ❑ No" Alarms in working order: , Yes❑ No* Comments note condition of pump chamber, c pumps and appurtenances, etc.): * If pumps or alarms are not in working order, system is a conditional pass. Soil Absorption System (SAS) (locate on site plan, excavation not required): 5 If SAS not located, explain why: The SAS was located by asbuilt drawings. t5ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 12 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments w 1530 Forest St. Ext Property Address John & Eileen Biggio Owner Owner's Name information is North Andover MA June 2, 2014 required for State Zip Code Date of Inspection every page. Cityrrown D. System Information (cont.) Type: ❑ leaching pits number: / ❑ leaching chambers number: Elleaching galleries number: ® leaching trenches number, length: 3-55' long ❑ leaching fields number, dimensions: ❑ overflow cesspool number: ❑ innovative/alternative system Type/name of technology: Comments(note condition of soil, signs of hydraulic failure, level of ponding, damp soil, condition of vegetation, etc.): The SAS is in good general condition with no signs of any problems.The soil in this area is clean and dry with no signs of ponding or breakout. ools (cesspool must be pumped as part of inspection) (locate on site plan): Number and co ation Depth—top of liquid to inlet inve Depth of solids layer Depth of scum layer Dimensions of cesspool Materials of const ion Indication of groundwater inflow ❑ Yes ❑ No t5ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 13 of 17 I Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments M 1530 Forest St. Ext Property Address John &Eileen Biggio Owner Owner's Name information is North Andover MA June 2, 2014 required for State Zip Code Date of Inspection every page. City/Town D. System Information (cont.) Co.,mments(note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc'. (locate on site plan): joMaterials of con tion: Dimensions Depth of solids Comments(note condition of soil, signs of by c failure, I of ponding, condition of vegetation, etc.): t5ins•3/13 Title 5 Official Inspection Forth:Subsurface Sewage Disposal System•Page 14 of 17 e + Commonwealth Massachusetts TjForst fficial Inspection Form SuSewage Disposal System Form -Not for Voluntary Assessments , 15t. Ext PrsJoBi io Owner Owinformation is Nr MA June 2, 2014 required for State Zip Code Date of Inspection every page. Citylrown D. Syste Information (cont.) Sketch O Sewage Disposal System: Provide a view of the sewage disposal system, including ties to at least permanent reference landmarks or benchmarks. Locate all wells within 100 feet. Locate where pub is water supply enters the building. Check one of the boxes below: ® hand-s etch in the area below ❑ drawin attached separately O � i I �'1 1536 F."-A A Exp N,Andover In z, w 011 LILUA I � AST= �q �k a �-= a� 3" �tv a5'c /,)A Y_ r— t5ins•3/13 Title 5 Official Inspection Form:Subsufface Sewage Disposal System•Page 15 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 1530 Forest St. Ext Property Address John & Eileen Biggio Owner Owner's Name information is North Andover MA June 2, 2014 required for State Zip Code Date of Inspection every page. Citylrown D. System Information (cont.) Site Exam: ® Check Slope ® Surface water N-40 ® Check cellar Pty No Sccw.� pub ® Shallow wells T+ Estimated depth to high ground water: feet Please indicate all methods used to determine the high ground water elevation: ❑ Obtained from system design plans on record If checked, date of design plan reviewed: Date I ® Observed site(abutting!property/observation hole within 150 feet of SAS) ❑ Checked with local Board of Health -explain: ❑ Checked with local excavators, installers-(attach documentation) ® Accessed USGS database-explain: To sfield 1 You must describe how you established the high ground water elevation: The basment is 7' below grade with no sump pump or no water. Before filing this Inspection Report, please see Report Completeness Checklist on next page. t5ins•3113 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 16 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments yy<a 1530 Forest St. Ext Property Address John &Eileen Biggio Owner Owners Name information is North Andover MA June 2, 2014 required for State Zip Code Date of Inspection every page. Cityfrown E. Report Completeness Checklist ® Inspection Summary: A, B, C, D, or E checked ® Inspection Summary D(System Failure Criteria Applicable to All Systems)completed ® System Information—Estimated depth to high groundwater ® Sketch of Sewage Disposal System either drawn on page 15 or attached in separate file I Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 17 of 17 t5ins-3/13 FILEOX6 # 1 - A RECEIVED JUN 131014 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT TITLE V INSPECTION Dean G. Luscomb II & Sons P.O. Box 135 Middleton, MA 01949 978-774-4065 Licensed Plumber # 20285 i 4 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PROPERTY OWNERS NAME 'GI G G L D J djf PROPERTY ADDRESS 6 S S f o n e c J e.a v e P-d ,(3 o 4-o rd MA A KA : 1530 ForeSf S-f. Ex . N- Ando ve-.r Mit DATE OF INSPECTION) L( V) 2 a Q 1 _ NAME OF INSPECTOR D e- o n G L U S C O m L QUALITY IS NUMBER ONE TO US BK 5990 PG 94 ` EXHIBIT A The land at Lot A Forest Street/65 Stonecleave Road, North Andover/Boxford, Essex County, Massachusetts being shown as Lot A on a Plan entitled "Plan of Land in North Andover and Boxford, Ma. (Essex Co.) Surveyed for John J. and Eileen M. Biggio", dated August 28, 1985, by C.T. Bale Associates, Inc. , Engineers, Surveyare and Planners, recorded with Essex County (Northern District) Registry of Deeds, as Plan No. 10137. SAID PREMISES ARE SUBJECT TO THE POLL0VING ENCUMBRANCES: 1. Title to and rights of the public and others in so such of the premises as lies within the bounds of Forest Street and Stonecleave Road. 2. Easement to Lawrence Cas and Electric Company, recorded with Essex South District Registry of Deeds, Book 3516, Page 408. 3. Building Restrictions and Conditions set forth in a Deed from William E. Darman, at al, recorded with Essex South District Registry o Distr gi ry f Deeds Book 4987, Page 251. 4. Easement to New England Telephone and Telegraph Company, recorded with Essex South District Registry of Deeds, Book 5463, Page 33. S. Easement to Massachusetts Electric Company, recorded with said Deeds, Book 5475, Page 345. 6. Restrictions and Conditions set forth in a Deed from Charles B. wills, et al, recorded with Essex North District Registry of Deeds, Book 1271, Page 350, and Essex South District Registry of Deeds, Book 6206, Page 635. 7. Wetlands Area shown on the above-mentioned Plan and set forth in note 7 on said Plan. 8. Easement to the Inhabitants of the Town of North Andover, recorded with Essex North District Registry of Deeds, Book 2105, Page 184. � 9. Easement to Massachusetts Electric Company, dated December 9, 1985, recorded with Essex North District Registry of Deeds Book 2105 Pae 86. q Y , 9 1 10. Covenants with the Town of North Andover PlanningBoard, B r , dated September 9, 1985, recorded with said Deeds, Book 2105, Page 179, as affected by a Release, recorded with said Deeds, Book 2165, Page 109. BK 960110 PG 285 Exhibit A-Propel]Description Closing date: J®may Property 1530 Forest Street,North Andover,Massachusetts 01845 Address: Parcel 1: A certain arcel off land situated partly in Boxford and partly in North Andover,Essex County, Massachusetts,shown as of con aining .4 },more or.cessacres on a an o and in North Andover pan oxford,MA(Essex Co.)surveyed for John J.I3i99io and Eileen M.Bi:ggio dated Septent er , 1985,by C.T.Male Associates,Inc.,Caldwell's:Block,Suite 7 Ipswich,MA 01938,which plan is recorded _asp an sues er Parcel II: A certain parcel of land located in North Andover,Essex County,Massachusetts being shown as Lot B containing 1.328,more or less acres,on the aforesaid plan. Further reference is made to said plan for a more particular description of said Lots A and B. Meaning and intending to convey and hereby convey ng,the:same pretmises conveyed to Welus Hey deed dated December 23,1995 and recorded with Essex South Registry of Deeds in eek 8003,Page 184,and the Essex North Registry of Deeds at Book 2105,Page 191. C)198&2005 Standard Sotu"ns,Inc.781-324-0550 i 6K 9670r.3 270 Return To: Massbank O 123 Haven Street Reading, Massachusetts 01867 Prepared By: I� Law Office of Michael E. Lombard 44 Park Street /' f Andover, MA 0181.0 y SIN jSpace Above This Lige For Recordretg Datal MORTGAGE rVI C;:1 eR+w4< C.J't t DE1+INITIt3NS Words used in n dtiple sections.of this document are defined' below and other words are definei 1 ", >Sections 3, fl 1, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document,also provided in Section 16. (A) "Security Instrnnwati,means this document, which is dated July 26, 2005 `` r together with all Riders to this document. ' (R) "Borrower"is John J. Biggio and Eileen M. Biggio iv$ co cs° co Borrower is the mortgagor under this Security instrument. (C) "Lendee is MASSBANK Lender is a Corporation organized and existing under the laves of Commonwealth of Massachusetts MAl3MCMMSETTS-Singly Family-Nnhie Mae/Freddie ii rl*UNIFORM:111:tAfSTffiUiIJFENiP Form 3022 9101 40-6(Mr I wwrij. Pfted on Recycled Paper Initials: VMP MORTGAGE FORMS-($00)521.7g 1 age 1 of f 6"70 PG 27 Lender's address is 123 Haven Street, Reading, Massachusetts 01€3:67 Lender is the mortgagee under this Security Instrument. (D) 11Note"means the promissory note signed by Borrower and dated July 26, 2005 The Note states that:Borrower owes Lender (U.S. $ 310,000.00 )plus interest. Borrower has romised to a this debt in Dollars P pay regular Periodic Payments and to pay the debt in full not later than August; 1, 2020 (B) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." M "L""" means the debt evidenced by the Note, plus interest, any prepayment charges and We charges due under the Note,and all.sutos due under this Security Instruzlaent,plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: Adjustable Rate Rider Condominium Rider Second Home Rider 0 Balloon Rider Planned Unit Development Rider14 Fancily hider ED VA Rider Biweekly Payment Rider IxOther(s) specify] Exhibit ° " (ED "Applicable Law" meats all controlling applicable federal, .state and local statutes, regulations, ordinances and administrative.rules and orders (that have the effect cif law)as well as all applicable final, non-appealable judicial opinions. (1) "Community Association Dues, Pees, and Assessments"means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. () "Electronic lands Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a fumcial institution to debit or credit an account. Such term includes, but is not limited to, Point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Iteins"means those items that are described in Section 3. W "Miscellaneous PtOeeeds" mews any compensation, settlement, award of damages, or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other, taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. " "Mortgage insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,plus(ii)any amounts under Section 3 of this Security Instrument. (0) "RIESPA" means the Real Estate Settlement Procedures Act(12 U.S.C. Section 2601 et sell.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that,governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a 'federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RF.SPA. Pape 2 of 15 Form 3022 1/o1 K 9670 PG 2 .4 (1P) ".Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i)the repayment of the Loan,and all renewals,extensions and modifications of the Note; and (ii) the Performance of Borrower's covenants and agreements under this_ Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, with power of sale, the following described property located in the County [Type of Recording Jurisdiction] of Essex [Name of Recording Jurisdiction]: For title reference see Deed recorded with the Essex North Registry of Deeds at Book 2105, Pae 191 see also Deed d recorded with the Essex South Registry of Deeds at Book 8063, Page 184. Parcel Ila Number: which currently has the address of 1530 Forest Street tstreet] North Andover [City] , Massachusetts 01845 ("Property Address"): [zip code] TOGETHER WITH all the improvements now or.hereafter:erwed on the property,: and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by.this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Proper*y " BORROWER COVENAN'T'S that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. TRIS SECURITY INSTRUMENT combines .uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Leader covenant and agree as follows.- I. Paymmt of Prindpal, Interest, Escrow Items, Prepayment Charges, and Fate Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items Pursuant to Section 3. Payments due.under the Note and this Security Instrument shall be made in U.S. Ir+isala: . Priated on Recycled Paper Page 3 of16 t �y;�� Form 3022 1-/01 BK 96`110 PG 273 currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is.drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when.received at the location designated in the Note or at. such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but,Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shalt either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) a.-nounts due under Section 3. Such payments shall be,applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Item. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum(the "Funds")to provide for payment of amounts due for; (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Sections 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during.the terra of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escmwed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall:promptly famish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or.all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts Page 4 of 18 Form 3022 1101 i " 96110 PG 274 due for any Escrow Items for which payment of Funds has been waived by Leader and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained.in this Security Instrument, as the phrase_"covenant and agreement" is used in Section.9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item., Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation,. Borrower shall pay to Lender all Funds, and in such amounts, that are then required tinder this Section.3, Lender may, at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in..an institution whose deposits are insured by a federal agency, instrumentality, or entity(including Lender, if:Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender shall apply the Lands to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the:Escrow Items, unless Lender pays Borrower interest on the Funds.and Applicable..Law perrnits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds..Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA; k ender:shall account to Borrower for the excess fitnds in accordance with RESPA. If there is a shortage:of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow,as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sutras secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain,priority over this Secty Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Imo, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing.such agreement; (b)contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lenders opinion' p operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the I Printed on Aecyoted Paper Page 6 of 75 ' Forrta.$022 1/01 9670 PG 275 lien. Within 10 days of the date on which that notice isgiven, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may rewire Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with thus Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire; hazards included within the tem "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels).arid for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised. unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency lvlanagement Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property,against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurancecoverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals:Qf such policies shall be subject to:Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give.to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any force of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property,such such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Fender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be-applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's_security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with Pape 6 of 15 Form 3022 1101 BK 960 PG 276 the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, bender may file, negotiate and settle any available insurance claim and related matters. If Borsower does not respond within 30 days to a atotiee'frown Lender that the insurance carrier has offered to settle a claan, then Lendermay negotiate and settle tfie claim. The 30-day period will begin when the notice is given. In either event, or if Lender:acquires the 'Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Bo rrower:.`s rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the.right.to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such. i is e gh are livable to the coverage of the Property. Lender: aPp g may use PertY y the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the hate of occupancy, unless Lender otherwise .agrees in writing, which consent shall not be unreasonably withheld,: or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or. impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to;its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of,.the Property, Borrower shall be.responsible for repairing or restoring the Property.only if gender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and aestoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair`or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. : Lender or its agent may make reasonable entries upon and inspections.of the Property. If it has reasonable cause, Lender may inspect the interior of the.improvements on the Property. ,Lender shall give Borrower notice at the time of or prior to such an interior inspection specify%ng such reasonable cause. S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application Process, Borrower or any persons or.entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Semi ity Instrument. If (a)Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b)there is a legal proceeding that might significantly affect Lender's interest in the property and/or rights under this Security Instrument(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument.or to enforce Iaws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any suers secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) Paying reasonable Printed on Recycled Paper Pape 7 of 19 Fa m 3022` 1101 �. BK 96970 27 attorneys'few to protect its interest in the Property and/or rights under;this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board tzp doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may tape action under this Section 9, Lender does not have:to do so and is not under any duty or obligation to do so. It is:agreed that Lender incurs no liability for not taking any or all actions authorized cinder this Section 9. Any amounts:disbursed by Leader under this Section 9 shall become additional debt of Borrower secured by this Security.Instrument. 'These :amounts shall bearinterest:at the Note rate from the date of payment. disbursement and shall be payable, with such interest, upon notice front Lender to Borrower requesting If this Security Instrument.is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires The title to the Property, the leasehold and the fee title shalt not merge unless Lender agrees to the merger in writing. til. Mor tpge Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that Previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refiutdable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such doss reserve. Lender can no longer require loss reservea rrents if Mortgage P Y Insurance coverage (in the amount and for th e 'od that peri Lender requires provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as.a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable Ioss reserve, until Lender's requirement for Mortgage Insurance ends m accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to .the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance ir'►force from time to time, and may enter into agreementswith other.parties that share or modify their risk, or reduce losses. 'These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these agreements. 'Triose agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available(which may include funds obtained'from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive(directly or indirectly) amounts that derive from(or might be.characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducinglosses;. If such provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of tthet Premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements Will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. Page s of Is f0 m 3022 ilei I� 3F 9670 PG 278 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners.Protecdon Act of 1E99 4r ally etfFer law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Ifitsrrranee prentsnatts that were nuearated at the trim of such cancellation or termination. 11. Assignment of Miscellaneous Pnxeeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to said shall be paid to Tender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period,,.Lender shall have the right to:hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work.has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or .in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or:earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument , whether or not then due, with the excess, if any,paid to Borrower. In the event of a partial taking, destruction, or loss in value of the.Property in which the fair market value of the Property immediately before the partial laking, destruction, or loss in value is equal to or greater than the amount of the sums secure:by this Security instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this. Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the suras secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value:of the Property immediately before the partial taking,destruction,or loss in value. Any balance shall be.paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to.Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle:a claim for daMages, Borrower fails to respond to Lender within 30 days after the date the notice is given;Lender:is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can date such.a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Leader's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. ,L 0 Printed on Reeyded Paper Page 9 of 15 �d Form 3022 1/01 ... �...._.. ._ n.. .�.-,, ,.,,,,.,,_._,........ K 9670 PG 279 12. Borrower Not Released; Forbearance By Liender Not a Waiver. Extension of the time for payment or modification of amortization of the swims secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to convnence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of:payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not.be.a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Succemors.and Assips Bound. Borrower covenants and agrees that Borrower's obligations and liability shall beyaiit and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co=signer'): (a) is co-signing this Security Instrument only to mortgage, grant and conveythe co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of .Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing., and is approved by Lender, shall obtain all of Borrower's rights and benefits under this. Security Instrument. Borrower sha11 not be released from Borrower's obligations and liability under this Security Instrument:unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services: performed in connection with Borrower's default, for the purpose of protecting Lender's .interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not.be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed.the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and(b)any suras already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender.in connection with this.Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by fust class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. Page 14 of 15 Form 3022 1101 .... .....,....n..._......-..-,m... ....x„a.Y,, BK 9670 PG 280 16. Governing Law; Severability; hales of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construedas a:prohibition against agreement by contract. In the event that any provision or clause of this:Security instrument or the Note conflicts with Applicable Law, such conflict shall not affect Other provisions of this:Security Instrument or the Note which can be given effect without the conflicting:provision. As used in this Security Instrument: (a) words of the masculine.gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c).the word "may" gives sole discretion without any obligation to take any action. 17.Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property ora Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial :interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of allsums secured by this Security Instrurnent. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b)cures any default of any other covenants or agreements; (c)pays all expenses incurred in enforcing this SecurityInrument including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this.Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement.sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer;Notice of Gdedanw..The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be M.itiata• l 0 Printed on Recycled Paper Page 11 of 15 Form 3022 1101 9670 PG 281 one or more changes of the Loan Servicer utuelated to a sale of the Note. If there:is a change of the Loan Servicer, Borrower will be given written notice of the clearage which will state the name and address of the new Ivan Servicer, the address to which payments should be made acrd any other information RESPA requires iia connection tvitl a notice of tratxsfef of servrcrtlg If.the Note'ts sold and thereafter t1C Ivan is serviced by a'Loan Servicer other than the purchaser of the Note,;'the tiavrtgage testi servicrn obligations to Borrowervurll zed.am.vvith the Loan Servicer.or be.tram#etred#o a suc4es$or Loan Servicer and are net assumed lay tie Note:puzhbaser artless otherw,.provided lay the Note,pt�s teaser. Neid.w.Borrower.not Lender may.commence,join, or.be joined to any judicial action (as either an individual:litigant or the member of.a class) that:;arisestm.the other party's actions puns to this Security Instrument or That::alleges that the Other pater lha breaeh8t!any.g€ viEst©n of, or any duty owed'.by reason of, this Security Izrsit>}rrierrt; trntrl such Bvratiwer or L.has"ified::the other party(with such notice gives .in compliance With, the.reg tiremeztts of Section 15):bf su h:alleged breach and afforded tote other party hereto a reasonable period after the,_giving of sten notice to talm corrective. action.. If Applicable Law provides a time period tifiich [.eastelapse before;certain arxian can be taken, that tune periAd will.:lie deemed to bereasA sable for purposes df this Paragraph. The notice of acceleration.and oppoatun#ty to cure given to Borrower pursue.nt:to Section 22;and the notice of acceleration given:to Borrower::pursuartt:to Semon 1.8 shall be decried to satisfy tree:zititice and Opportunity to take corrective action provisions o€this Section 20. 21. rdou$ Sob. stances. As used in .this Section 2l: (a) "Hazer ous Substances" are those subs€arices cleaned:as tcixrc or hazatrdous substances. pollutis, op wastes:by Environmental Law and the following:substances,: gasoPine, kerosene;.:other ale ortol[c petrcic�rrrn>proucts, toxic pesticides and herbicides volatile solvents, matersals:costa .=asbcstas err fgzrnaldehyde;:and. radioactive materials; (b) "Envirommental Lave"rneans:federal laws and4aws of thejutrsdia�ava hei9ethe operty is located that relate to health.,.safety or.envitnntrtental Mtect� (c) Enviro. --ki:Chonup" y includes any' " resloriae action,:rernedial:actioni,or removal.action,:as defined in Environmental Law; and(d) an "Environmental Conclition" ineans a<condition that:can cause contrilu to to, i t otherwise trigger a>i Environtrsfsritd Cleanup. Borrower shall not cause orpernxt tEie presence, use,dLspEisal, storage, or release o€any:Hazardous . Substances, of threaten to release any Hazardous Substa0m on or in the Property. Borrower shall not do, nor allow anyone else.to do, ecturg Y"roprvxty E:a)that is in violation of any Environmental y anythir#g aff the I.aw:,(b)wit ch:creates an.Envrror ntal C'orulrtion, or(cj;wbidt:414 to t9re presersce, use; or release of,a Hazardous Substance, tipster a corxlattotr.tier.adversely affects:the.value of the Property. Lhe:,precedirtg. two sentences shall not apply to the presence,. or: the Property: small quantitids of Flaz,asfdc.rts>Sulastances.that:sins generally recognized to be aWrot riat+e to noraud residential uses and to maintenance of the::l?roperty{includ g,W not limited to moussulrstat ea in Mnsumer.products}. Borrower shall promptly give Lender written notice of(a) invest. lar .,demand, lawsuit or other actrozi by'any governess rrtai .or regulatory 4000 or private taart involving the Property and any Hazardous Substance or Environmental 'Law o€ which borrower has actual knowledge, (b) any Environmental Condition, including.but not lirruted to, any;spili ng,leaking..disellarge,.release:os thit=at of released any Llazardaus.Substat►ce, and (c) any:condition caused:by:the presence, use or release of a Hazardous Substance which;adversely affects the.value of the.:-Property. If`Borrower learns, or:is:notified by any governmental or reg laiory authority;;or any private party, that any removal or other remediation of any Hazardous Substance.affectimg'the PropertY is necessary,:Bo€rowet.sball:pro take all necessary remedial actions in accordance with.Environnte seal Lata. <Nmlung heaeira shall create any obligation on Lender for an Environmental Cleanup. Page 12 of 15 FOM 3022 1101 V BK 96*70 PG 282 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree'as follows: 22. Aeeeleaation; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section IS unless Applicable Law provides otherwise).The notice shall specify: (a) the default; (b) the action required to cure the default; (e)a date,not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and(d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys` fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALE,� shall.mail a Dopy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, In the manner provided by Applicable Law.Lender shall publish the notice of sale,and the Property shall he sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security instrument; and(c)any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this.Security Instrument, Lender shall discharge this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers.Borrower waives all rights of homestead exemption in the propertyand relinquishes all rights of curtesy and dower in the Property. i i �^ Primed on Reegded Pacer Page 13 of Is Form 3022 1/01 .. .:.:,:,....,. D AKA 9 6 7 0 P G 2 BY SIGNING BELOW, Borrower accts and agrees to the terms and covenants contained in this Security Instwment and in any Rider exerted by Borrower and recorded with it. Witnesses: (Seat) el Arin, to both Joh 8. Biggio -Borrower 'MC (om) PAn M. Biggio -Borrower (Seal) (Seal) 43orr3ower -Borrower (Seal) (Seal): -Borrower -Borrower i I (Seal) (Seal) -Borrower -Borrower Page 14 of 15 Pcrrm 3022 '9101 ` s96'70 PG 284 COMMONWEALTH-OF MASSACHUSETTS, Essex County SS: On this 26th day of July, 2005 before me personalty appeared John J. Biggio and Eileen M. Biggio i i to me known to be the person(s) described in and who executed the foregoing instmment, and acknowledged that he/she/they executed the same as his/her/their free act My Commission Expires: April 7, 2006 I Nv nn Morin a RACHEL ANN Pd'OREPE 1401ar�Public A R[fi mw alth of MaSSachL' i.&7ftnion F-Vires Apr 7, I I i i Printed on Recyded Pacer Page is of is ttftielet Form 3022 1/01 AffAX.Mcarding Return Too ANERIC RB11C INORT0AM, LLC SETA MESA90 BAKER ! CA 9:m 00 GK 5990 FG $G Title Order No.o 3I0010 Escrow 110.3 BIOOIO Loan is 612906673 tapme Aiova Thb Lkw For IIemeia Dalai MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3,11,13,19,20 and 21.Certain rules regarding the usage of words used in this document aro also provided in Section 16. (A).'Security fit" JA1117ARY 22, 2001, together with all Riders to this document. (B) "Borv+owee 's J0811 J 816020 AND EILEE11 M SIOOIO. Borrower is the mortgagor under this Security Instrument. (C)"Lender"is mBRIen I1P1'lumuc Moitwam, Lu. JAN 29'01 att11:30 Lender is a LIMITED LIABILITY COMANY organized and existing under the laws of CALIFORNIA. Lender's address is 890 BARER STREET, #200, COSTA MESA, CA 92626. Lender is the mortgagee under this Security Instrument. (D)"Note"means the promissory note signed by Borrower and dated JANUARY 22, 2001. The Note.states that Borrower owes Lender a*aaa►►►rawww*r►**ar+wrTNO HUNDRED 8EVVWTY FIVE THOUSAND AND NO1100 wrrr►►►wwrrrrr►wrrrraawwrrrrrr:rwrrr►rwawwwrrraraewwwwwww Dollars(U.S. $275,000.00 ) plus interest.Borrower has promised to pay this debt in regular periodic Payments and to pay the debt in full not later than FEBRUARY 1, 2031. (E) "Property"means the property that is described below under the heading"Transfer of Rights in the Property. (I) "Loan"means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument,plus interest. OF (G)"Riders"means all m Riders to this Security Instruent that are executed by Borrower.The following Riders are to be executed by Borrower[check box as applicable]: 0 Adjustable Rate Rider Condominium Rider D Second Home Rider =Balloon Rider Planned Unit Development Rider D Other(s)[spocify) D 1-4 Family Rider Biweekly Payment Rider d 0 (H)"Applicable Law"means allcontrolling applicable federal,state and local statutes,regulations,ordinances and administrative a rules and orders(that have the effect of law)as well as all applicable final,non-appealable judicial opinions. (1) "Community Association Duey Fesw.and Assessments"means all dues,fees,assessments and othereharges that are imposed on Borrower or the Property by a condominium association,homeowners association or similar organization. (.I) "Electronic Funds Treader"means any transfer off aids,other than a transaction origmatedby check,draft,or similar paper instrument,which is initiated through an electronic terminal,telephonic instrument,computer,or magnetic tape so as to order, instruct,or authorize a financial institution to debit or credit an account.Such term includes,but is not limited to,point-of--sale transfers,automated teller machine transactions,transfers initiated by telephone,wire transfers,and automated clearinghouse transfers. ('K)"Escrow Items"means those items that aro described in Section 3. (L) "Miscellaneous Proceeds"means any compensation,settlement,award ofdamages,or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5)for:(i)damage to,or destruction of,the Property.(ii) condemnation or other taking of all or any part of the Property,(iii)conveyance in lieu of condemnation;or(iv)misrepresentations of,or omissions as to,the value and/or condition of the Property. MASSACHUSETra-siegk Family-Fmmk Maw7reddle Nu UMFORM INSTaUMENT Initials 3 _ Yam 30n Lal Page 1 of 8 EED seen i i BIS 5990 PB 87 LOAN #s 612906673 (M)"Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on,the Loan. (N) "Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,plus(ii)any amounts under Section 3 of this Security Instrument. j (0)"RESPA"means the Real Estate Settlement Procedures Act(12 U.S.C.§2601 at seq.)and its implementing regulation, Regulation X(24 C.F.R.Part 3500),as they might be amended from time to time,or any additional or successor legislation or regulation that governs the same subject matter.As used in this Security Instrument,"RESPA"nftn to all requirements and restrictions that are imposed in regard to a"federally related mortgage loan"even ifthe Loan does not qualify as a"federally related mortgage loan"under RESPA (P) "Successor in InterestofBorrower"meanssanypartythathastakentidetotheProperty,whetherornotthatpartyhasassumed Borrower's obligations under the Now and/or this Security Instrument. I • i TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures;toLender:(i)the repaymentafthe Loan,and all renewals,extensions and modifications ofthe Notv, and(ii)the performance of Borrower's covenants and agreements under this Security Instrument and the Note.For this purpose, Borrower does hereby mortgage,grant and convey to Lender and Lender's successors and assigns,with power of sale,the following described property located in the COUNTY fPM of aeowdin J.Wi.6wl of ESSEX IN==of neowda{huri&diml: SES LEGAL DESCRIPTION ATTACHED HERETO AND N11DE A PART NEREOF: AP fs r1AP105,BLOCR0025,LOT,000 which currently has the address Of 1530 FOREST STREET, NORTH ANDOVER, [8-1(Chyl Massachusetts 01845 " "): V4 C*&)" TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,appuntenancL%and fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument.All of the foregoing is referred to in this Security Instrument as the"Property.' BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage,grant and conveytheProperty and that the Property isunencumbered,except forenc umbraaoesofreoord.Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1. Payment of Principal,Interest,Escrow Items,Prepayment Chargee,and Late Charges.Borrower shall pay when due the principal of,and interest on,the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3.Payments due under the Note and this Security Instrument shall be made in U.S.currency.However,if any check or other instrument received by Lender as payment tinder the Note or this Security Instrument is returned to Lender unpaid,Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms,as selectedby Lender:(a)cash;(b)money order,(c)certified check,bank check,treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality,or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15.Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current.Lender may accept any payment or partial payment insufficient to bring die Loan current,without waiver ofany rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future,but Lender is not obligated to apply such payments at the time such payments are accepted.If each Periodic Payment is appliedas ofits scheduled duedate,thenLenderneednotpay interest onunapplied funds.Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current.IfBorrower does not do so within a reasonable period oftime,Lender shall either apply such funds or return them to Borrower.If not applied earlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure.No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrumtent or performing the covenants and agreements secured by this Security Instrument. L Application of Payments or Proceeds.Except as otherwise described in this Section 2,all payments accepted and applied by Lender shall be applied in the following order of priority:(a)interest due under the Note;(b)principal due under the Note;(c) amounts due under Section 3.Such payments shall be applied to each Periodic Payment in the order in which it became due.Any MAS9ACHU3Kff&4Nv&Family—Fates MwJFreddk Mae UNIFORM INSTRUMENT Initials s Fe,m3M21101 Page 2 of 8 r4MALIDEED BK WP 9A66738 I and then be applied first to late char second w other amounts due ander this Security Instrument,re amounts shall charges, any �B PP to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due,the payment may be applied to the delinquent payment and the late charge.If more than one Periodic Payment is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if,and to the extent that,each payment can be paid in full.To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments,such excess may be applied to any late charges due.Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Funds for Escrow Items.Borrower shall pay to Lender on the day Periodic Payments are due under the Note,until the Note is paid in frill,a sum(the"Funds")to provide for payment of amounts due for:(a)taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property;(b)leasehold payments or ground rents on the Property,if any;(c)premiums for any and all insurance required by Lender under Section S.and(d)Mortgage Insurance premiums, if any,or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10.These items are called"Escrow Items."At origination or at any time during the term of the Loan,Lender may require that Community Association Dues,Fees,and Assessments,if any,be escrowed by Borrower,and such dues,fees and assessments shall be an Escrow Item Borrower shall promptly furnish to Leader all notices ofamounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time.Any such waiver may only be in writing.In the event of such waiver,Borrower shall pay directly,when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waivedby Lender and,ifLender requires,shall famish to Lender receipts evidencing such paymentwithin such time period as lender may require.Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,as the phrase"covenant and agreement"is used in Section 9.If Borrower is obligated to pay Escrow Items directly,pursuant to a waiver,and Borrower fails to pay the amount due for an Escrow item,Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 W to repay to Lender any such amount.Lender may revoke the waiver as any or all Escrow Items at any time by a notice given in accordance with Section 15 and,upon such revocation,Borrower shall pay to Gender all Funds,and in such amounts,that am then required under this Section 3. Lender may,at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA,and(b)not to exceed the maximum amount a lender can require under RESPA.Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency,instrumentality,or entity(including Lender,if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank.Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA.Lender shall not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying the Escrow Items,unless Lender pays Borrower interest on the Funds and Applicable law permits lender to make such a charge.Unless an agreement is made in writing or ApplicableLawrequires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the Funds.Borrower and Lender can agree in writing,however,that interest shall be paid on the Funds.Lender shall give to Borrower,without charge,an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow,as defined under RESPA,lender shall account to Borrower for the excess funds in accordance with RESPA.If there is a shortage of Funds held in escrow,as defined under RESPA,Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments.If there is a deficiency of Funds held in escrow,as defined under RESPA,Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges;Liens.Bormwershallpayalltaxes,awasments,charges,fines,and impositionsattuibutabletothePropertywhich can attain priority over this Security Instrument,leasehold payments or ground rents on the Property,if any,and Community Association Dues,Fees,and Assessments,if an.To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrowershall promptly dischargeanyhen whichhaspriontyoverthisSecurity lnstrumentunlessBorrower:(a)agceesinwriting to the payment of the obligation secured by the lien in a manner acceptable to Lender,but only so long as Borrower is performing such agreement;(b)conteststhelieningoodfaithby,ordefendsagainstenforamentofthelienin,lgdproceodingswhichinLender's opinion operate to prevent the enforcement of the lien while those proceedings are pending,but only until such proceedings are concluded;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument.IfLenderdeterinines that any part ofthe Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identi4Wthe lien.Within 10 days ofthe date on which that notice is given,Borrower shall sati* the lien or take one or nae of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance.Borrower shall keep the improvements now existing or teredtcr erected on the Property insured against loss by fire,hazards included within the term"extended coverage,"and any other hazards including,but not limited to, earthquakes and floods,for which Lender requires insurance.This insuranceshall be maintained in the amounts(including deductible levels)and for the periods that Lender requires.What Lender requires pursuant to the preceding sentences can change during the term of the Loam.The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice,which right shall not be exercised unreasonably.Lender may require Borrower to pay,in ommeclion with this Loan,either:(a)a one-time charge for floodwnedetermination,certification and trackingservices;or()aone-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which MAWAOWSVrn"ii&Famay—F®I.MoWFroddieMuUNIFORM]MRUMENT Initialer Fac 3W trot Page 3 of ll MnuDFED i BK 5990 PG 89 Lo11B lis 612906673 reasonably might affect such determination or certification.Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above,Lender may obtain insurance coverage,at Lender's option and Borrower's expense.Lender is under no obligation to purchase any particular type or amount of coverage.Therefore,such coverage shall cover Lender,but might or might not protect Borrower,Borrower's equity in the Property,or the contents of the Property.against any risk,hazard or liability and might provide greater or lesser coverage than was previously in effect.Borrower acknowledges that the cost ofthe insurance coverage so obtained might significantly exceed the cost of insurance that Bormwer could have obtained.Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies,shall include a standard mortgage clause,and shall name Lender as mortgagee and/or as an additional loss payee.Lander shall have the righttohold the policies and renewal certificates.lfLender requires,Borrowershall promptly givetoLender all receipts of paid premiums and renewal notices.If Borrower obtains any form of insurance coverage,not otherwise required by Lender,for damage to,or destruction of,the Property,such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower.Unless Lender and Borrower otherwise agree in writing,any insurance proceeds,whether or not the underlying insurance was required by Lander,shall be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period,Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly.Lander may disburse proceeds for the repairs 1 t or in a series of as the work is completed.Unless an agreement is made in and restoration n a single payment progress payments writing or Applicable Law requires interest to be paid on such insurance proceeds,Lender shall not be required W pay Borrower any interest or earnings on such proceeds.Fees for public adjusters,or other third parties,retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligationofBorrower.Uthe restoration or repair isnot economicallyfeasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by this SecurityInstrument,whether or not if to Borrower.Such insurance shall be applied in the order for in Section 2. then due,with the excess, arty.pard proceeds pp Provided If Borrower abandons the Property,Lender may file,negotiate and settle any available insurance claim and related matters.If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim.The 30-day period will begin when the notice is given.In either event,or if Lender acquires the Property under Section 22 or otherwise,Borrower hereby assigns to Lender(a)Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument,and(b)any other of Borrower's rights(other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies covering the Property,insofar as such rights are applicable tothe coverage ofthe Property.LaWer may use the inmrance proceeds either to repair or restort the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. 6. Occupancy.Borrower shall occupy,establish,and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at leas one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation,Maintenance and Protection of the Property;Inspections.Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate or commit waste on the Property.Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible,Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage.If insurance or condemnation proceeds are paid in connection with damage to,or the taking of,the Property,Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes.Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lander or its agent may make reasonable entries upon and inspections of the Property.If it has reasonable cause,Lender may inspect the interior of the improvements on the Property.Lander shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loan Application.Borrower shallbeindefaultiCduring theLoanapplicationpraxss,Borroweroranypersons orentitiesacting at thedireetionofBorrowerorwithBormwer'sknowledgeorconsent gave materiallyfalse,misleading,or inaccurate information or statements to Lender(or failed to provide Lender with material information)in connection with the Loan.Material representations include,but aro not limited to,representations concerning Borrower's oecupamcy of the Property as Borrower's principal residence. 9. Protection of Lenders Interest in the Property and Rights Under this Security Instrument.If(a)Borrower fails to perform the covenants and agreements contained in this Security Instrument,(b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security instrument(such as a proceeding in bankruptcy,probate, for condemnation or forfeiture,for enforcement of a lien which may attain priority over this Security Instrument or to enforce taws or regulations),or(c)Borrower has abandoned the Property,then Lander may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Securitylnstrnmdt,including protecting and/or assessing thevalue of the Property,and securing and/or repairing the Property.Leader's actions can include,but are not limited to:(a)paying any suns secured by a lien which has priority over this Security Instrument;(b)appearing in court;and(c)paying reasonable attorneys'fees to protect its interest in the Property and/or rights under this Security Instrument,including its secured position in a bankruptcy proceeding.Securing the Property includes,but is not limited to,entering the Property to make repairs,change locks,replace or board up doors and windows,drain water from pipes,eliminatebuilding or othercode violations or dangerous conditions,and have utilities turned on or off.Although Lender may take action under this Section 9,leader does not have to do so and is not under any duty or obligation to do so.It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. MASSACNUR TTS—Spate Fatuity—Fmde Mad re"Ie Mae UNIFORM INIMUMBNIT Inittiala r Fem3W 1101 Page 4 of 8 MAUDEF.D BK 5990 PG 90 Loon #r 612906673 Any amounts disbursed by Lender under this Section 9 shall become additianal debt of Borrower secured by this Security Instrument.These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease.If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. lo. Mortgage Insurance.If Lender required Mortgage Insurance as a condition of malting the Loan,Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.If,for any reason,the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrowerwas required to make separately designated payments toward the premiums for Mortgage Insurance,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Iasurance previously in dura,at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect from an alternate mortgage insurer selected by Leader.If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect.lender will accept,use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance.Such loss reserve shall be ran-refundable,notwithstanding the fact that the Loan is ultimately paid in full,and Lander shall not be required to pay Borrower any interest or earnings on such loss reserve.Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires)provided by an insurer selected by Lender again becomes available,is obtained,and Lender requires separately designated payments toward the premiums for Mortgage Insurance.IfL.ender required Mortgage Insurance as a conditionofmaking the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,or to provide a non-refimdable loss reserve,until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law.Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain lasses it may incur if Borrower does not repay the Loan as agreed.Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time,and may enter into agreements with other parties that share or modify their risk or reduce losses.These agreements are on terms and conditions that are satisfactory to the mortgage (or parties)to these agreements.These agreements may require the mortgage insurer to make payments using any source offunds that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums). As aresultofthese agreements,Lender,anypurchaser ofthe Note,another insurer,anyreinsurer,andotherentity,oranyaffiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive from(or might be characterized as)a portion of Borrower's payments for Mortgage Insurance,in exchange for sharing or modifying the mortgage insurer's risk or reducing losses. If such agreement provides that an affiliate of tender takes a share of the ham's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance."Further: (a) Any such agreements will not dicer the amounts that Borrower has agreed to pay for Mortgage Insurance,or any other terms of the Loam.Such agreements will not increase the amount BorrawerwM owe for Mortgage Insurance,and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has-If any-with respect to the Morigage Insurance under the Homeowners Protection Act of 1998 or any other law.These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage lasurance,to have the Mortgage Insurance terminated automatically,and/ or to receive a refund ofany Mortgage Insurance premiums that were unearned at the time ofsuch cancellat ortermination. 11. Assignment of Miscellaneous Proceeds;Forteiture.All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. IftheProperty isdamaged,such Miscellaneous Proceeds shallbe appliedtorestorationorrepairoftheProperty,ifthe restoration During such and period,Lender shall have or repair is economically feasible and Lender's security is not lessened. rdg repair pen , hold h Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has o the right a o d sue 8e been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly.Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed.Unless an agreement is made in writing or Applicable l.aw requires interest to be paid ou such Miscellaneous Proceeds,Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds.If the restoration or repair is not economically feasible or Lender's security would be lessened,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower.Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking,destruction,or loss in value ofthe Property,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is equal to or greater than the amount of the sums segued by this Security Instrument immediately before the partial taking,destruction,or I=invalue,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the partial taking,destruction,or loss in value divided by(b)the fair market value of the property immediately before the partial taking,destruction,or loss in value.Any balance shall be paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is leas than the amount of the sums secured immediately before the partial taking,destruction,or loss in value,unless Borrower and Lender otherwise agree in writing,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the suns are then due. If the Property is abandoned by Borrower,or if,after notice by Lender to Harrower that the Opposing Party(as defined in the am sentence)offers to make an award to settle a claim for damages,Borrower fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the suns secured by this Security Instrument,whether or not then due.'`Opposing Party"means the third party that owesBorrower Miscellaneous Proceeds or the party against whom Borrower hasaright ofaction aregardtoMiscellaneousProceeds. MASSACHUSET73--Sine Family—ftwk MadFre"k Mie UNIFORM INSTRUNEIM Iaiilil/r Fetes 30221101 Page 5 of 8 lNAI1DF.aD BK 5990 PG 91 IAM tt 612906673 Borrower shall be in default if any action or proceeding,whether civil or criminal,is begun that,in Lender's judgment,could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument.Borrower can cure such a default and,if acceleration has occurred,reinstate as provided in Section 19,by causing the action or proceeding to be dismissed with a ruling that,in Lender's judgment,precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument.The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released;Forbearance By Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall notoperateto releasethe IiabilityofBorroweroranySuccessors in Interest ofBorrower.Lendershallnot berequiredtocommence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower.Any forbearance by Lender in exercising any right or remedy including,without limitation,Lender's acceptance of payments from third persons,entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability;Co-signers;Successors and Assigns Bound.Borrowercovenants and agrees that Borrower's obligations and liability shall be jointand several.However,anyBorrower who co-signs this Security Instrumentbut does not execute the Note(a"co-signer"):(a)is co-signing this Security Instrument only to mortgage,grant and convey the co-signer's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower can agree to extend,modify,forbear or make any accommodations with regard to the teams of this Security Instrument or the Note without the co-signer's consent. obligations Subject to the provisions of Section lt,am Successor is Interest cif'Mower who assunnBorrower's ar»wer's under this Security Instrument in writing,and is approved by Lender,shall obtain all of Borrower's rights and benefits under this Security Instrument Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing.The covenants and agreements ofthis Security Instrument shall bind(except as provided in Section 20)and benefit the succors and assigns of Lender. 14. Loan Charges.Lender may charge Borrower fees for services performed in connection with Borrower's default,for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,including,but not limited to, attorneys'fees,property inspection and valuation fees.In regard to any other fees,the absence of express authority in this Security instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower.If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge(whether or not a prepayment charge is provided for under the Note).Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices.Ali notices giveaby Borroweror Lender in eonnectionwiththis Security Instrument must be in writing.Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means.Notice to any one Borrower shall constitute notice toallBorrowersunlessApplicableLawexpressly requires otherwise.The noticeaddress shall bethe Property AddressunlessBorrower has designatedasubstitute notice add ressby notice to Lender.Bonmwershall promptly notifyLenderofBorrower'schange ofaddress. If Lender specifies a procedure for reporting Borrower's change of address,then Borrower shall only report a change of address through that specified procedure.There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by fust class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower.Any notice in connection with this Security Instrument shall no be deemed to have been given to Lender until actually received by Lender.If any notice required by this Security Instrument is also required under Applicable Law,the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law;Severability;Rules of Construction.This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located.All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent,but such silence shall not be construed as a prohibition against agreement by contract.In the event that any provision or clause of this Security Insrunment or the Note conflicts with Applicable Law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument:(a)words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gem:(b)words in the singular shall mean and include the plural and vice versa;and(c)the word'`may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument M Transfer of the Property or a BenelkL d Interest In Borrower.As used in this Section 18,"Interest in the Property" means any legal or beneficial interest in the Property,including,but not limited to,those beneficial interests transferred in a bond for decd,contract for deed,installment sales contract at escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. Vail or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent,Lender may require immediate payment in fill of all soros secured by this Security Instru meat.However,this option shall mot be exercised by Leader if such exercise is prohibited by Applicable Law. If Lender exercises this option,Lender shall give Harrower notice ofacoeleration.The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower mus pay all amu secured by MASSACHUSErra-sidle Fami y-Faulk Mmffvo"k Mae UMFOnM WSrHt MMT Initials r Fe=Son iron Pate 6 of B FUq FPD j' BK 5990 PG 92 LoAn 1r 612906679 this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration.If Borrower meets certain conditions,Borrower shall have the right to have enforeementofthis Security Instrument discontinued atany time priorto the earliest of:(a)five daysbeforesale oftheProperty pursuant to any power of sale contained in this Security Instrument;(b)such other period as Applicable law might specify for the termination of Borrower's right to reinstate;or(c)entry of a judgment enforcing this Security instrument.Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrttment and the Note as if no acceleration had occurred;(b)cures any default of any other covenants or agreements,(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorneys'fees,property inspection and valuation fees,and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument;and(d)talo such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument,and Borrower's obligation to pay the sums secured by this Security Instrument,shall continue unchanged.Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,as selectedby Under:(a)cash;(b)money order;(c)certified check,bank check,treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality or entity'.or(d)Electronic Funds Transfer.Upon reinstatement by Borrower,this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the can of acceleration under Section 18. 20. San of Note;Change of Loan Servicer;Noticed Grievance.The Note ora partial interest in the Note(together with this Security Instrument)can be sold one or more limes without prior notice to Borrower.A sale might result in a change in the entity (known as the"Lean Servicer")that collects Periodic Payments due underthe Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note,this Security Instrument,and Applicable Law.There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note.If there is a change of the Loan Servicer,Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer,the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing.If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note,the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be uansferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join,or be joined to any judicial action(as either an individual litigant or the member of a class)that arises from the other party's actions pursuant to this Security instrument or that alleges that the other parry has breached any provision of,or any duty owed by reason of,this Security Instrument,until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 13)of such alleged breach and afforded the other party hereto a reasonable period after the giving ofsuchnotice totake corrective action.if Applicable Law provides a time period which must elapse before certain action can be taken,that time period will be deemed to be reasonable for purposes of this paragraph. ThenoticeofaomlwA=andopportunity[Okungw mtoBorrowerpursuarntoSwum22andthenoticeof=demtiongiventoBorrower pursuant to Section 18 shall be doemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances.As used in this Section 21:(a)"Hazardous Substances"are those anlnftnoes defined as toxic or hazardous substances,pollutants,or wastesbyEnvironmentalLaw and thefollowingsubstanoes:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials;(b)"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection;(c)"Environmental Cleanup"includes any response action,remedial action, or removal action,as defined in Environmental law;and(d)an"Environmental Condition"means a condition that can cause, contribute to,or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances,or threaten to release any Hazardous Substances,on or in the Property.Borrower shall not do,nor allow anyone else to do,anything affecting the Property(a)that is in violation of any Environmental Law,(b)which creates an Environmental Condition,or(c)which,due to the presence,use,or release of a Hazardous Substance,creates a condition that adversely affects the value of the Property.The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property(including,but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge,(b)any Environmental Condition,including but not limited to,any spilling,leaking, discharge,release or threat of release of any Hazardous Substance,and(c)any condition caused by the presence,use or release of a Hazardous Substance which adversely affects the value of the Property.If Borrower learns,or is notified by any governmental or regulatory authority,or any private party,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary.Borrower shall promptly take all necessary tome"actions in accordance with Environmental Law.Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 22. Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following hBorrowees breach of any covenant or agreement in this Security instrument(but not prior to acceleration under Section 18 unless Applicable Law provides otherwise).The notice shall specify:(a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date speed in the notice may fault in acceleration of the sums secured by this Security instrument and sale of the Property.The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale.Mthe default is not curedon orbefore the date specified inthenotice,Lender atltsoption may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law.Lender shall be entitled to collect all expenses incurred in pursuing the rennins provided in this Section 22,Including,but not limited to,reasonable attorneys'fees and costs of tick evidence. CHUSBTTS4 Funi FuskMa fflftd re MuUNMRMINgrRUM NT iaitialnr �/� MASSA � ty- .� Faro Son far Page 7 of 8 MAUDM { BIS 5990 PG 93 LoAn #r 612906673 If Lender invokes the STATUTORY POWER OF SALE,[ender shall mail a copy of A notice of sale to Borrower,and to other persons prescribed by Applicable Law,in the manner provided by Applicable Law.Lender shall publish the notice of sale,and the Property shall be sold in the manner prescribed by Applicable Law.Lender or its designee may purchase the Property at any sale.The proceeds of the sale shall be applied in the following order.(a)to all expenses of the sale,including, but not limited to,reasonable attorneys'fees;(b)to all sums secured by this Security Instrument;and(c)any excess to the person or persons legally entitled to it. 23. Release.Upon payment of all sums soured by this Security Instrument.Lender shall discharge this Security Instrument. Borrower shall pay any recordation costs.Lender may charge Borrower a fee for rekusing this Security Instrument,but only if the fee is paid to a third party for services rendered and the charging of the be is permitted under Applicable Law. 24. Waivers.Borrower waives all rights of homestead exemption in the Property and relinquishes all rights of courtesy and dower in the Property. BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (seal) -Mlwj 810010 112Z ` (seal) ZZLms M BI0010 Commonwealth of wissACNUOR 'rs County of Essex , as On this m is 22nd da of Jauary, 2001 before as personally appeared John J. Bigglo and Eileen M. Biagio to so known to be the person (or persons) described in and who executed the foregoing instruaent, and acknowledged that they (or they) executed the surae as their (or their) free act and dee . ■o aignaturo - AnnMarie Colasanti ooaission expir*s 12/20/07 j M"&4CHUffl="i,&Fuaay—Passe Maeffim"k Mee UNIFORM IM6rRUMM Fns 3x22 von Page S of S MAUDEED M1<1ATICWAL LAN CERTIFICATE 9670 PG 269 THE TH OF MASSACHUMM H1 :1,3id bust.ftw2n,mm +',. •�•' M NORTH AMI vu OF TAM a VWOR7MAMANDDMUMT MA 01 eM15 s 9y8�88-955a E f}om av�ble i�mm�Ioa�ffirt�p tom,�prw�mmpe sed olds ao+v P��oatasitaa llpd a aim drlo oPtld� a eat tha prtoal of eeol sellae is d+ teoWV oa Jima 23.x005 ata WA d bdo w. To: ATTORNEY AT LAW POW K. 210610S.4r0095"MR0 MICHAEL E LOMBARD i ocathm: IBM pORE$1'B1 REST 44 PARK STREET 3111D FLR lead Ara.: 3M Aans ANDOVER,MA 81816 LqORdbmw Mak 2143 Fap 191' ..c�, AwmW max XON A0000ad m.a Yar Ta*Title Land VOw Va hte t,n.R:ie:!:.y: .'`::;: t tc'.•'fr f..ti4'�. .�:�tk:',rc�'£,r:r:,: wale Lieu S 701i am BftwLift smw Lien Wad s - s s mim wow Lkw s alar L.iaae»t g WaterCoat�eted In6aest S 3 S �.—. Chapter iso sewer Bettstmetrt - s - S s :Jfnl; -".{„'�';yi�"K:i r:'t,`3r,!.�4::...ii+:;}��r:.:}.t•}':_�:,:'. ..ti-<:i:r' it :r :Y:'•.':;•:.�:�:.;e. :fie LL.a tie-.,.. -.s:,'t,`!' '.:. 1 Ili-r'4 ij:i-: .. •. _/. 2nd IW.24 m1,2oA3fS1307x365 AOW Ind/Ath - S 1.337.92 S I GPA nd S 61.33 S 1.331.91 $ 1,30M 7 aUm s $ S - 12X45 f I M97 $ - s aAS CSAr`'► . > M i d l� s $ 5,35138 $ 5,223humm . $ 3 TOM Du BdOrO LR%rftt s47s.7o om ei��tio:p: i'r• ((AA f�k✓„•;' iAc'�`:::,��,�,�i;:t,�.`!:,:. �.`.�:.�,:...,:�i:f- .�.s•:::.. ..TY:•`'• .1'.,.. '.'}v 'fir; ::t=. . .. ria Wlf '. :�. .e .::...• -:.w l+:' '. Y_.. ��1:: f .1.1.7.1.- f•I,YiFJ:, r•_::- ACT TAX OMM FIOR!K1'ERE4.T a F'dq 63459o. F4.aM L7Qwwr wAT$R DSPARTmSmr AT 6IM70 I0 DAYS PRIOR To C osm Fm FINAL 81Ld118Ci 19D7'vxutD>ia ON L®+I. Am 42L Imr.rm. L have aq>etmwlodgo of eery other sea oemttgg OF TA7®3-7OWN ANOVmt BK 9750 RG 310 To"Wom a: 2 �3 WA8mCim muTuAL•amNT 908#:53o0896833"BI(1W l mder M:242/001/07191491S9 ab Essar SwA=District,Masaachuwb PIF:08!028005 o MERS 0-100012453008968336 VRU 9:14 004794377 KNOW ALL MW THESE PRBSEM that MORTGAGE ELECTRONIC REGMTRAMON SYSTEMS,INC.AS NOMINEE FOR ASN AMBO MORTGAGE GROUP,INC.whose address is 725$ BAYMEADOWS WAY,MAIL CODE F1020,JACKSONVII i.B,PL 32.256 holder of a calsta z Mastgege,whose pardm dd a and rec m*ng mon era bdlow,does hataby aclmowWp Ont it has received full payment and eaddictieu of the same,sod in ommkim tion dww4 does hereby cancel Gad dischmw said MortSW y Original Ma%gar: JOHN J BIGGDO AND EII M M BIGGIO d Ongmal Martppc: MORTGAGE ELECTRONIC REGISTRATM SYSTEMS,INC.,AS NOMIIqEE FOR AMERICAN 1NTERBANC MORTGAGE,LLC Date&em bed: o1RT mi Recorded: 0189/2001 in Bw .ReeliLibe.N/A PaswForo:N/A es bmuumad No.:470 In the Comty of Essay Smabem District,Shoe of Maaaabuaetm Prwaty Addraaa 1530 FOREST ST,N ANDOVER,MA 01845 IN WfIWESSOF,the said MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.AS NOUDIZE FOR ABN AMRO MORTGAGE GROUP,INC by 9B an9 wbAd ofcar,has Mrowdo set„f s corponft anal. m .— MORTGAGE EIMTROW REGISTRATION SYSTEMS,INC.AS N011HNEB FOR ABN AM MORTGAGE GRO�U((P',W. On %a I �rn it By-S/j64jqdjJ C (n Hamic,Lint Rehrase AaabW W W C9 .0 ' .e.l a�...�44..��.... ORW�Z/� W1q�P1000Ul11�Y�ep1tRJ�1'J�'�'��' Room""b�`""1M WASMOTON MUTUAL HANK,FA When Pim orded Retum To: Wa Aogtm MuWal PO BOX 45179 JACKSONVIUA FL 32232-5179 BK 9750 PS 311 =M*XW OF MMT*W PMpa 2 0t2 STATE OF Flo& COUNTY OF Duval Bof n me,dw wed,a Notary Public,on Mae day personally appoated N 8amma,Lim Rdem Awistaat Secratary,paaomaUy lmown to me(or proved to me on the back of matiafaototy evidence)to be the s wboee a islare Pei' +() name() eabaQibod to the within iastr,m,eat and to aalasoartedgai me that hedebe/they aemttod the same in httd wffieir authorised capacity,and that by Nalhaffieir sigoatum an the instrument the paeon(a),or the entity Was behalf of which the persom(s)acted,awcuted t}te msk m ea Given under my head and seal ofoffice,this day August 314 2005. hand amd o �1 mm s+Rise Jan,Ut m Notary Expires: I m aeoete (Phis area for notmisi seal) I I GROOM wa�DPeioo�wabeMap►t�YORr�B� ' - e . e - E 6 Stevens Water Analsis y 38 Montvale Avenue a Stoneham, MA 02180 a Mass. (617) 438-6114 • Salem, N.H. (603) 893-3106 LABORATORY NUMBER: 162482 SAMPLE DATE : 3/22/86 SUBMITTED BY: VIERA ARTESIAN WELL CO. 253 Andover Street Georgetown, PTA 01833 SAMPLE SOURCE: New Well - John Biggio, Lot A Forest St. , No. Andover, MA ANALYSIS : According to Standard Methods of Water and Wastewater Analysis , 15th Ed . Total Coliform . . . . . . . . 0 per 100 ml Chlorides . . . . . . . . . . . 7 mg/L pH . . . . . . . . . . . . . 7.9 Hardness . . . . . . . . . . 60 mg/L Manganese . . . . . . . . . . . 0.25 mg/L Sodium . . . . . . . . . . . . 6.3 mg/L Iron . . . . . . . . . . . . . 3.40 mg/L Nitrate . . . . . . . . . . . . 0.14 mg/L N i t r i t e . . . . . . . . . . . . less than 0.10 mg/L COMMENT: The results of these analyses meet the required federal and state standards for drinking water . However , the iron and manganese concentrations exceed the recommended standards . Although iron and manganese are not harmful to your health , they can affect the taste , color and odor of your water . Iron and manganese are fre- quently found at elevated levels in new wells ; however, it is likely that the concentrations will decrease when the well is put into regular use . (jib Chem t/Mic 'obiologist BOARD OF HEALTH Town of North Andover,Mass . Permit # Date 19 APPLICATION FOR WELL & PUMP PERMIT Application is hereby made for permit to drill a well Application is made to install ( ) a pump system-. Location: Address �ozFS STP�s�7` Lot Owner �n�� 316 Ip Address g4fficze- yes/ �;Q f9ArNaJ 2 Tel . Well Contractor ►/FeAja6( (� Address �jEpQ��-�oer� �� Tel . S2{S�G Pump Contractor Address Tel . . WELL CONTRACTOR 'To be completed at time of pump ..test ) Type of Well Z)R/CC€cr . Well used for Diameter of Well � Size, of Casing ro _ r � Depthmf Bed Rock 30 ` Depth casing into Bed Rock /G Was 'Seal Tested? Yes 00 No ( ) Date of Testing Depth -af 1JP1I Well Ended in W.ha-t- Material Depth to Water / r Delivers IS Gals .Per Min. for 4 hours • Drawdown Z�z5 feet after pumping 5/ _hours, at GPM Date of Completion Sign ture Well Contractor • PUMP INSTALLER (To be-- filled in before installation) Size & Name Pump , Pump Type Used -Water Pump Delivers GPM Size of Tank Pipe Material Used in Well : Cast Iron ( ) Gal..vanized ( ) Plastic ( ) Well Pit ( ) or Pitless Adapter ( ) Was sleeve used to protect pipe? Yes (—) NO(—) ,Type or Name Well Seal Date r • �rsk�h�r��s'r�psa�r�4s�rs'�s�rs�s7s'rshsas'rs4s�s'rs�r�{rs{rsks�s4s�s�rs45N�rs'asks'ri�slr;�sstiks'rs;;r�;,•5;���1a�1,,1��,;�',•,',;j�Gcs D�JF�� ��#�r,�,��s�rsk Date Water analysisreport. -submitted to Board of Neal-th Date release given m owner of record & Bldg. Insp Health Inspector of , &�LTH -2L- G-z ST L-) Nai�TN Ati►�o��i�, M�1. P(- (f4l\j.l (,y tE� Sc�PPL7 �JjC�wnl APE-►�ouCDNEC S5 �4��v�-D D,4r�� , 7�� �l��Uw� /ur►-io��-r�j (�oNfPiTiays �I S,4PPRL�VED D/,T E R�45oNS J , c-x4v4TtclJ P4rc 0 0455 ❑ F4it— �wAL I Q5P�rlonj QPFROOE ADDITIOMAL 1 A15�z-foNS X 11 may) DAT-C R�So NS FML APPROVAL APPRovvJ6 4u,Hlogi i r2l 17 - - IN 4- L, i -- ( - r� ` , r - y 4• "Womm 11 ITIT I Ll r w t 2 T5 5 �1y/tUa�=i Q �' ! ^' S`SpAlTt�� Nots ji -------, .- ! ��!,..` /tel_�-�t --_.-_---__ - � - •-j 2, sF. . I „ 4 J � � y,..s.,�...._ _._,�-- .,.?.-, .r,. _. .-.�;�?r4 .. 's>'Rs`�'" ,..:�. � _,. ,.,. ._:} _ret>a....,. ,.:..... _ e� -f�'7, .m�..��. � S�-..,.-,�. �.-a.r. �'�•�,s, +�.�''<. ear,--:.... .�� ...ter._ -..}� ,S;,a�...,. -_, - e 4 .y.� .. t • 4- 41 R x . 4 3' r i 5 f t �• •� ^r (jl Y - � Lr 4 cl, . 0 t , �, u M C.T. MALE ASSOCIATES, INC. Engine.?ring Formerly Gordon E.Ainsworth&Associates,Inc. Surveying MaPPin9 Landscape Architecture Main and Market Streets Laboratory Services Caldwell Block,Suite.#7 Computer Services Ipswich,MA 01938 e (617)356-2756 v i March 5, 1986 Mr. John Biggio 8 McKenney Circle Andover, MA 01810 Re: Deep Soil Logs North Andover, MA Dear Mr. Biggio: On March 4, 1986 we conducted deep soil logs on your Forest Street parcel in North Andover. The tests were witnessed by Health Agent Graf. We dug two (2) deep pits in the area of previous tests L-1, L-Z, and P-1. The results were as follows: L-4 0"-11" Topsoil and leaves 11"-36" Sand and clay with stones to 10" 36"-96" Med. sand and clay with stones to 12" 96"-120" Pied. sand and stones over 12" size No Groundwater Encountered L-5 0"-11" Topsoil and leaves 11"-36" Sand and clay with stones to 10" 36"-120" Sand and clay with stones 12" and larger No Groundwater encountered We did not conduct any tests in the area of previous tests L-3 and P-3. Pir. Graf told our technician that our tests were ade- quate. I want to verify with him that he will accept the previous results should we want to use that area for a disposal field. Until I speak with him I am assuming he waived any further test- ing since our March 4, 1986 tests did not turn up groundwater as did not our November 21, 1985 tests. I will advise you. Very truly yours, C.T. MALE ASSOCIATES, INC. H.L. Graham. Office Manager cc: -Kr. Michael Graf Health Agent Offices in Latham,NY•Greenfield,MA•Littleton,NH•Springfield,VT•Ipswich,MA•Keene,NH